Last updated: 18 June 2026
“Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law (ACL), the Competition and Consumer Act 2010 (Cth), or any other applicable law that cannot lawfully be excluded. Where any part of these Terms conflicts with those rights, your statutory rights prevail. Please also refer to our separate Privacy Policy and Refund & Returns Policy, which form part of your agreement with us.“
1. About These Terms
These Terms of Use (“Terms”) govern your access to and use of the website operated by Gifts & Co (ABN 55484219163), a sole trader business based in Brisbane, Queensland, Australia (“Gifts & Co”, “we”, “us” or “our”), including all content, features, products and services offered through the website (the “Site”).
By accessing or using the Site, creating an account, or placing an order, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site. We may update these Terms from time to time in accordance with Section 13; continued use of the Site after changes take effect constitutes acceptance of the updated Terms.
2. Eligibility
By using the Site, you confirm that you are at least 18 years of age, or are using the Site under the supervision of a parent or guardian who agrees to be bound by these Terms on your behalf. The Site is intended for use by individuals located in Australia; if you access the Site from outside Australia, you do so on your own initiative and are responsible for compliance with local laws.
3. Accounts
To place an order or access certain features, you may need to create an account. When creating an account, you agree to:
- Provide accurate, current and complete information;
- Keep your login details confidential and not share your password with others;
- Notify us promptly at support@giftsandco.com.au if you become aware of any unauthorised access to your account, suspected security breaches or misuse of your login credentials.
- Accept responsibility for activities that occur under your account, except where caused by our fault or a security failure on our part.
We may suspend or close an account where we reasonably believe it is being used fraudulently, in breach of these Terms, or to engage in unlawful conduct. Where practical, we will notify you of the reason and provide an opportunity to respond before taking this step, except where immediate action is necessary to prevent harm or loss.
4. Products, Pricing and Availability
We make every effort to display our gifts and their prices accurately, including through product images, descriptions and customer reviews. However, slight variations in colour, packaging or presentation may occur, particularly for fresh flowers, food and handmade items, due to the nature of these products and seasonal availability.
All prices are displayed in Australian dollars and are inclusive of GST where applicable, unless stated otherwise. We take reasonable steps to ensure pricing is correct, but if a pricing error occurs, we will contact you before processing your order to confirm whether you wish to proceed at the correct price, or to cancel and refund your order in full.
Product availability is not guaranteed until your order is confirmed. Where an item becomes unavailable after you place an order, we will contact you to offer a substitute of equal or greater value, a delayed delivery date, or a full refund.
5. Orders and Payment
When you place an order, you are making an offer to purchase the relevant product(s) at the listed price. We will send an order confirmation email, but this does not necessarily mean we have accepted your order, we reserve the right to decline or cancel an order (for example, due to stock unavailability, suspected fraud, or pricing errors), in which case any payment received will be refunded in full.
Payments on the Site are processed securely through Stripe. We do not directly collect or store your full card details. By making a payment, you also agree to Stripe’s applicable terms. Please refer to our Privacy Policy for further information about how payment information is handled.
6. Delivery
6.1 Delivery Areas and Availability
Gifts & Co currently provides local delivery to eligible addresses within Brisbane and selected surrounding suburbs. Next-day delivery is available for eligible products and delivery locations, subject to order cut-off times 3:00 PM – Brisbane time (AEST) and service availability.
Delivery availability depends on the product, destination postcode and available delivery services. Customers should confirm eligibility before completing their purchase.
6.2 Delivery Timeframes and Cut-Off Times
For eligible Brisbane deliveries, orders placed before 3:00 PM AEST may qualify for next-day delivery, subject to the applicable delivery schedule, product availability and order confirmation.
Orders placed after the applicable cut-off time, or on non-operating days, may be processed on the next available business day.
Unless expressly confirmed otherwise, delivery timeframes are estimates rather than guarantees. Actual delivery may be affected by courier delays, weather conditions, public holidays, peak trading periods, accessibility restrictions or other circumstances beyond our reasonable control.
6.3 Delivery Address and Customer Responsibilities
Customers must provide a complete and accurate delivery address, including the recipient’s name, contact number, street address, suburb, state, postcode and any relevant delivery instructions.
For apartments, offices, gated communities, hospitals and other restricted-access properties, customers should provide sufficient information to allow the delivery driver to access the premises.
Gifts & Co may contact customers to clarify incomplete delivery details. Incorrect addresses, missing access information or recipient unavailability may result in delivery delays, unsuccessful delivery attempts or reasonable additional redelivery charges where applicable.
Please contact us as soon as possible if you need to correct your delivery information. Address changes cannot always be accommodated once an order has been prepared or dispatched.
6.4 Occasion-Based and Perishable Gifts
For occasion-based gifts, including birthdays, anniversaries, fresh flowers, chocolates and other perishable products, we recommend placing orders with sufficient notice before the intended delivery date.
Where a preferred delivery date is offered, we will make reasonable efforts to fulfil the request. However, selecting a preferred date does not constitute a guaranteed delivery commitment unless expressly confirmed by Gifts & Co.
Customers should consider potential delivery delays when ordering time-sensitive or perishable items.
6.5 Delivery Delays and Unsuccessful Deliveries
If a delivery is delayed, unsuccessful or cannot be completed, we will take reasonable steps to investigate the issue and assist with an appropriate resolution.
Where delivery cannot be completed because of incorrect customer-supplied information, restricted access or recipient unavailability, additional delivery arrangements or charges may be required.
Nothing in this section excludes, restricts or modifies any rights or remedies available to customers under the Australian Consumer Law.
7. Refunds and Returns
Our approach to refunds, returns, repairs and replacements, including your rights under the Australian Consumer Law, is set out in our separate Refund & Returns Policy, which forms part of these Terms. Nothing in these Terms or in our Refund & Returns Policy limits your statutory consumer guarantees.
8. Customer Reviews and User-Generated Content
We welcome customer reviews, photos and other content submitted to the Site (“User Content”). By submitting User Content, you:
- Confirm that the content is your own original work, or that you have the necessary rights and permissions to submit it;
- Confirm that the content does not infringe any third party’s intellectual property, privacy or other rights, and is not defamatory, unlawful, offensive, or misleading;
- Grant Gifts & Co a non-exclusive, royalty-free, worldwide licence to display, reproduce and use that content on the Site and in our marketing materials (including social media), with attribution to you where reasonably practicable, unless you ask us not to.
If you believe any customer review, photograph or other user-submitted content is inaccurate, defamatory, misleading, or infringes your rights, please contact us at support@giftsandco.com.au. We will review your request and take appropriate action where necessary.
Where we offer an incentive (such as a discount) in exchange for a review, this will be clearly disclosed in accordance with the Australian Consumer Law.
9. Acceptable Use
When using the Site, you agree not to:
- Use the Site for any unlawful purpose or in a way that breaches any applicable law or regulation;
- Attempt to gain unauthorised access to the Site, other users’ accounts, or our systems;
- Upload or transmit viruses, malicious code, or material that could disrupt the Site’s functionality;
- Scrape, copy, or republish content from the Site for commercial purposes without our consent;
- Impersonate any person, or misrepresent your affiliation with any person or entity;
- Engage in fraudulent conduct, including using stolen payment details or making fraudulent chargebacks.
We may suspend or terminate access to the Site for users who breach this Section, taking into account the seriousness of the breach and, where practical, providing notice and an opportunity to respond beforehand.
10. Intellectual Property
All content on the Site, including text, graphics, logos, images, product photography, and the Gifts & Co name and branding is owned by or licensed to Gifts & Co and is protected by Australian and international intellectual property laws. You may view, print or download content from the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, or create derivative works from our content without our prior written consent.
11. Limitation of Liability
To the maximum extent permitted by law, and subject always to your non-excludable rights under the Australian Consumer Law, Gifts & Co’s liability for any loss or damage arising from your use of the Site or your purchase of products is limited to, at our option, the resupply of the relevant goods or services, or the cost of having the goods or services resupplied.
We are not liable for any indirect, incidental or consequential loss (such as loss of enjoyment of an occasion or event) arising from delays, errors, or issues outside our reasonable control, except where such liability cannot be excluded under the Australian Consumer Law. Nothing in this Section limits or excludes our liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot lawfully be limited or excluded.
We do not warrant that the Site will be uninterrupted, error-free, or completely secure, and we are not liable for losses caused by circumstances reasonably beyond our control, such as internet outages, third-party platform failures, or cyberattacks, provided we have taken reasonable steps to maintain the security and availability of the Site.
12. Linked Third-Party Sites
The Site may contain links to third-party websites (for example, our social media pages or payment provider). We do not control and are not responsible for the content, accuracy, or practices of any linked third-party site. Links are provided for convenience only and do not imply endorsement.
13. Changes to These Terms
We may update these Terms from time to time to reflect changes in our products, services, business practices, or legal requirements. The updated version will be posted on the Site with a revised “Last updated” date. Where changes are significant, we will take reasonable steps to bring them to your attention, such as a notice on the Site or by email. Your continued use of the Site after changes take effect will constitute your acceptance of the updated Terms, but any change will only apply to orders placed after that date, not to orders already confirmed.
14. Termination
You may stop using the Site and close your account at any time by contacting us. We may suspend or terminate your access to the Site in accordance with Sections 3 and 9. Termination of your account does not affect any rights or obligations that arose prior to termination, including your consumer guarantees in relation to products already purchased.
15. Governing Law and Disputes
These Terms are governed by the laws of Queensland, Australia. Any disputes arising from these Terms or your use of the Site will be subject to the non-exclusive jurisdiction of the courts of Queensland, without limiting your ability to access any consumer dispute resolution body or tribunal you are otherwise entitled to use.
If you have a concern or complaint, please contact us first using the details below so we can work towards a resolution. If you remain unsatisfied, you may also contact the Australian Competition and Consumer Commission (ACCC) at www.accc.gov.au, or your state or territory consumer affairs agency, for further guidance.
16. Contact Us
If you have any questions about these Terms, please contact us at:
Business: Gifts & Co
Legal structure: The Trustee for ABID FAMILY TRUST
ABN: 86 383 849 243
Location: Brisbane, Queensland, Australia
Email: support@giftsandco.com.au